08/24/05


A Work Session of the Clarence Town Board was held on August 24, 2005 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Kathleen Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council member’s Ian McPherson, Scott Bylewski, Joseph Weiss and Bernard Kolber. Other Town Officials present were Deputy Supervisor Anne Case, Town Attorney Steven Bengart, Director of Community Development Jams Callahan, Senior Building Inspector David Metzger, Town Engineer Joseph Latona, Recreation Director Howard Johnt, Parks Crew Chief John Burns, Director of Administration and Finance Pam Smith and Highway Superintendent Ted Donner.

Clarence Football Association - Robert Blackmore & Scott Roberts

Bob Blackmore representing Clarence Little League Football stated that Sunset Park is 17.2 acres that is divided by a parcel of land that is 3.2 acres which is owned by NYSEG. The league is compacted into one area that is less than the 17.2 acres. Within that area is a baseball diamond, enclosed pavilion, parking lot, playground area, volleyball court, horse shoe pits along with their 80 x 53 yard football field plus a 80 x 40 yard practice field and a 70 x 40 yard practice field is all compacted into a small area.

The playing field for the last fourteen years has been kept in excellent condition. This year, the league spent $1,700 of their funds fertilizing and putting an application on the field to toughen up the turf.

This year, the league had to do something drastically different because they were working with 40 man rosters with waiting lists. Parents were complaining because their children were not playing and they paid the same fees as the kids that got to play all the time. This year the league added three more teams, this cut down the roster size and made it easer to coach and give the players quality-playing time.

Scott Roberts stated that they had four teams with a forty-man roster limitation in the league. For the last six or seven years, they have stayed at forty however, they were turning 10 – 15 kids away per team. Clarence Little League Football put a self-impose cap on this year to a thirty-man roster. In one year they grew by over 35%. In looking towards the future, the organization cannot grow any more unless they look at the reconstruction of Sunset Park. The organization is very family oriented, there are many people at the park every night from August 1 through the second week of September not only with football players but there are 100+ cheerleaders and their families.

The organization is looking towards the future. In three years they will have to have a 100-yard football field or they will loose their franchise. Mr. Blackmore presented several field proposals:

  • Alter Sunset Park. This would include installing drainage and the removal of several mature trees.
  • Make the area south of the Town Hall available for just football from August 1 until November 1. Parking would be available at Town Hall and the Library.
  • Alter the soccer field next to the hardball diamond to make it useable from August 1 until November 1st. The soccer goal post to the west would have to be removed. Field markings can be applied over each other.
  • Assign the new north soccer field at Memorial Park to Clarence Little League Football. All that would be needed is field markings, bleachers and benches.
  • Alter the soccer field at the Main Street Park to a 100-yard field.

Scott Roberts stated that there is only one official football field in the entire town and that is at the high school. Mr. Roberts talked with school officials but did not receive a positive response. Mr. Roberts was hoping to work something out with the school and possibly give them money to assist in the upkeep of the field.

Mr. Blackmore stated that the football league did not attend any meetings regarding Memorial Park because they did not think the league would grow as much as it did.

Mr. Blackmore again suggested the use of soccer field south Town Hall. Even if it was only temporary until they got into a better situation. In three years the organization has to come up with a 100-yard field some how.

Parks Crew Chief John Burn and Jim Burkard will take an inventory of the above aforementioned sites to see what is available. John Burns did not think it was a good idea to play football on the soccer fields. Soccer plays into the fall and he did not feel the fields could take that much abuse.

Scott Roberts stated that the football league does not have a lot of cash but has a very aggressive parent base and if the town could come up with something the league could partner up and help develop.

The parking situation at Sunset Park has been resolved. The grass area is used to park approximately 50 vehicles. With the thirty-man roster, there are fewer parents in attendance.

Recreation Director Howie Johnt stated that the Town should explore the school district. This may be good opportunity for a partnership where we meet jointly with the school board. The same players in the little league program will be playing at the high school level. Councilman Weiss and Howie Johnt will contact the school and schedule a meeting.

Director of Community Development – James Callahan

Public Hearings:

Avis Rent-a-Car/Sears Automotive at Eastern Hills Mall 4475 Transit Rd. Applicants request a Special Exception Use Permit for an automotive leasing center. A site plan has been forwarded identifying the proposed changes to the existing facility to accommodate the new use.

Formal Agenda Items:

Jim Ramsey 10748 Main Street

Applicant requests a demolition permit for an existing structure over fifty years old. The proposed site is located on the north side of Main Street, west of Salt Road. The existing residential structure was used as a professional office in the Clarence Hollow Traditional Neighborhood District. The property was recently split from existing sewing center (former church) on the corner to create a separate parcel. Because of prior commitments, the applicant will not be present at this evenings meeting.

Benderson Development – Eastgate Plaza

Applicant requests approval for construction of an 8,500 +/- addition to the existing plaza between Wal-Mart and Payless Shoes. The proposed site is located on the east side of Transit Road between Sheridan Drive and Greiner Road. The existing plaza consists of 77+/- acres zoned Major Arterial. A Negative Declaration under SEQRA was issued for a limited amount of square footage. This project should be referred to the Planning Board to review parking, landscaping and the square foot issue.

Italian Marble and Granite – Roll Road Industrial Business Park 8550 Roll Road

Applicant requests Concept Plan approval for construction of a 20,000 square foot office/warehouse/distribution center along Roll Road frontage. The proposed site is located on the north side of Roll Road, east of Harris Hill Road on existing vacant land along the Roll Road frontage of the proposed Roll Road Industrial Business Park currently under review. This is a separate parcel however; it will be related to the Roll Road Industrial Business Park and should be worked in together with the industrial park.

Jim Ball – 5731 Transit Road - Suzuki car dealership

Applicant requests Concept Plan approval for construction of a new automotive dealership. The proposed site is located on the east side of Transit Road, south of Highland Farms Drive on existing vacant land consisting of approximately eight acres. The parcel is zoned Major Arterial along the Transit Road frontage and Residential to the rear. A Special Exception Use Permit will be required for automotive sales/service.

Moe’s Southwestern Grill 5063 Transit Road

Applicant requests a Temporary Conditional Permit for outside dining. The proposed site is located on the east side of Transit Road, north of the main entrance to Eastgate Plaza in an existing restaurant facility (former Joe Mata’s restaurant) located in the Major Arterial Zone. A Public Hearing is required to consider a Temporary Conditional Permit for outside dining.

First Niagara Bank 4401 Transit Road

Applicant request Development Plan approval for a 2,688+/- square foot bank located on out parcel #3 in The Shops at Main/Transit. The property consists of approximately one acre, zoned Major Arterial. The Planning Board forwarded a recommendation to approve the Development Plan with conditions.

Spaulding Lake

Applicant is seeking Development Plan approval for the final phase of Spaulding Lake Phase IV, Part V. This phase includes construction of approximately 350 feet of Stonecliff Court and includes seven PURD lots. The Planning Board has forwarded a recommendation on the Development Plans with conditions.

Work Session Items (for consideration on 9/14/05)

CAM Services 10169 Main Street

Applicant requests a Building Permit and Architectural Approval for a 1,280 square foot addition to existing commercial building. The proposed site is located on the south side of Main Street, west of Shisler Road in an existing residential and commercial warehouse facility located on 1.28 acres in the Traditional Neighborhood District. The architectural style will be enhanced to provide pitched roof and vinyl siding facing Main Street.

David DeMarie 8765 Sheridan Drive

Applicant requests Concept Plan approval for construction of a new 11,000 square foot dance studio. The proposed site is located on the south side of Sheridan Drive, east of Shimerville Road and west of Dynabrade. There is an occupied private residence on the site, which will remain.

Greg Orffeo 4655 Ransom Road

Applicant is requesting a fill permit to fill the rear of his existing residential property to create more yard area. The proposed site is located on the east side of Ransom Road, north of Stage Road zoned Residential. Engineering should review any drainage issues.

Tim Kulbacki 10480 Keller Road

Applicant is requesting a fill permit to fill front portion of existing vacant lot in advance of a future single family home. The proposed site is zoned Agriculture Rural Residential containing ten acres.

Gallagher Print Shop 9185 Main Street

Applicant is requesting approval for a small addition off the front of his existing facility.

James Callahan stated that draft 5A of the Subdivision Law is finished and recommended by the Planning Board for Town Board review. A public hearing will be set at the next Town Board meeting. Councilman Bylewski suggested everyone read the Planning Board minutes when reviewing the draft.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session at 6:50 P.M. pursuant to § 105 (1) F of the Open Meetings Law to discuss the employment history of a particular person. Upon roll call -Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to adjourn the Executive Session at 7:02 P.M. Upon roll call - Ayes: All; Noes: None. Motion carried. No action taken.

The Work Session reconvened at 7:02 P.M.

Supervisor Kathleen Hallock

Supervisor Hallock has a request for a block party on Wildwood Drive.

Chris Pfund submitted her resignation several weeks ago. Chris has offered to come back and train a person for her position. Supervisor Hallock will make a motion to hire her as Clerk PT.

The inter-office recycling program has begun. We received labels for the office collection containers. The 6’x6’x6’ container was delivered today.

Supervisor Hallock will make a motion to transfer $1,000 for Day in the Park fireworks cost. The last time Day in the Park was discussed, it was suggested the we receive a final accounting. There is a meeting scheduled for October and Supervisor Hallock asked that the numbers be finalized by that time.

We received notification from Erie County Civil Service that Linda Hirtreiter passed her exam. Supervisor Hallock will move to appoint Linda Real Property Appraiser. There is no effect on the budget.

Supervisor Hallock received letters of commendation about Jerry Schuler and the Parks Department.

The Town will host a Farm Bureau meeting in September.

Supervisor Hallock asked Town Engineer Joseph Latona about sewer hook up for Clarence Middle School. Mr. Latona stated that the school will not be able to hook up, as far as he knew, they would only be able to hook up when there is capacity in Amherst. They are out of district and they are more than one user with a lot of flow. There is not enough capacity taken into account for them until and if the parallel sewer goes in Amherst. Councilman McPherson stated that he recalls differently. As part of the route of travel, they would be allowed to hook up part of the capacity designation. In the capacity designation, there is capacity for Sister’s of St. Joseph; there is capacity for the school, town hall and the library.

Councilman Bylewski stated that he recalls conversations indicating that the Middle School should be allowed to hookup and he also remembers conversations afterwards relative to how many taps the school would take up.

Town Engineer Latona stated that he does not recall the Middle School being included at all however; Councilman McPherson said the school has always been included all along. Supervisor Hallock said that we have to find out one way or another because we will have to inform the school. Town Attorney Bengart questioned whether this information could be found in the Heise-Brookhaven agreement. Town Engineer Latona said it was not in there, it has never been listed.

Councilman McPherson stated that he has discussed this himself with the Heise-Brookhaven Corporation representatives and Clarence Middle School is included. Maybe their position has changed because of other external issues but all along there was going to be capacity for the school.

Councilman Kolber suggested finding out the equivalent that it would take in terms of the number of taps needed. Town Engineer Latona stated that he would have to research this, he could find out from water use. However, there is nothing in the contract to provide the school connection to the sewer in Amherst. It is not large enough to take it. Councilman Weiss stated that the proposed school addition would also have to be taken into consideration.

Town Engineer Latona stated that the contract provided 1000 taps, Clarence Hollow, town hall and the library and any adjacent single-family residences that are out of district along the way. Sisters of St. Joseph was always part of Clarence Hollow – Sewer District #5.

Councilman McPherson stated that we have not even approached capacity for Clarence Hollow, we only have less than half of the 1000 taps, and there is plenty of capacity to hook the school up now. It was agreed that if it were doable with the corporation all along, that would happen.

Town Engineer Latona stated that this is a contractual issue, the capacity is committed and to the best of his knowledge it does not include the school.

Councilman Weiss stated that at the joint School Board/Town Board meeting held on August 22, Councilman McPherson informed the school that they were contractually included in the hookup. Councilman McPherson stated he believes that is the case. Town Attorney Bengart will also research this.

A resident of the Garden section in Harris Hill called to ask that sidewalks be completed all the way from Harris Hill Road to the high school on Main Street. Supervisor Hallock said that she would pass the request on to the Board. She further explained that we have applied for a grant to repair broken sidewalks in the Harris Hill area.

Supervisor Hallock copied everyone on a request from Erie County Probation Department regarding the use of the Town Board meeting room on the 2nd and 4th Thursday of each month. The Town Board was all in agreement with this request.

Supervisor Hallock had questions regarding verbiage in Section III of the proposed Local Law regarding Backyard Burials. Relative to the Freedom of Information Law Access to Records, Supervisor Hallock said that we already have a Records Public Access Law. Councilman Bylewski suggested having the public hearing to amend Chapter 161 Records, Public Access To.

Supervisor Hallock has several items to discuss in Executive Session.

Ruth Schultz returned to work on Monday however Supervisor Hallock did not feel we needed her five days a week but would check with town council. Councilman Bylewski said he had a small project involving the scheduling of a meeting. Councilman Weiss did not require Ruth’s services at this time. Councilman McPherson stated that she can work nineteen hours per week and we should just call her in when needed. All requests are to go through the Supervisor’s office.

Town Engineer Joseph Latona

Town Engineer Latona has a resolution authorizing the Supervisor and the Town Board to enter into an agreement with Erie County Sewer District #5 for the construction of the sanitary sewer to service the Sister’s of St. Joseph. This agreement will allow us to receive the money from the County in the amount of $200,000. In addition to that within the same resolution is to enter into an Out of District Agreement with the County for the Sisters of St. Joseph project, which will then allow us to bill Erie County Sewer District #5 as a user of Clarence Sewer District #9. This resolution will be done subject to Town Attorney approval.

Town Engineer Latona is proposing an amendment to the Building Department fee schedule. The NYS Department of State Division of Code Enforcement and Administration requires that commercial buildings shall have a designation as to trusses that are used in the building. This is primarily for fire companies so that they know during a fire what type of trusses are in a building; those trusses usually fail very quickly in a fire. This would warn the firemen not to go on the floor or roof. These plaques will be posted on any commercial development and the fee will be $50. This state code requirement began several months ago.

The proposed fee schedule changes include deleting Re-Roofing Permit $100. And replace with Truss Construction Identification $50. Other changes include Residential Accessory Building 201 sq. ft. and over – minimum $50. Maximum of $500 per square feet will be added.

Several years ago, a professor from Buffalo State College conducted an erosion evaluation of Ransom Creek. The information is documented and on file. The professor has contacted Mr. Latona once again and has offered to do an evaluation of Gott Creek for the entire town. The study will rank erosion sites relative to severity and try to come up with some type of mitigation. The study will be conducted in October and November of this year at no cost to the town.

Councilman Ian McPherson

Councilman McPherson will report on the Sheriff’s Patrol meeting that he attended. Town Attorney Bengart will prepare a resolution in regard to the information Councilman McPherson received.

Councilman McPherson will make a motion authorizing NYSEG to activate six streetlights in Hidden Pond Subdivision – Phase II.

Councilman McPherson received a request from a resident regarding a speed control issue on Goodrich Road. The information will be forwarded to the Traffic Safety Board.

Councilman Scott Bylewski

Councilman Bylewski will comment on several Adelphia Cable items.

Councilman Bylewski received a response from Senator Dale Volker regarding the Public Service Commission and Verizon Communications relative to franchise agreements.

Councilman Bylewski would like to set a Public Hearing for a Fiscal Impact Local Law. Supervisor Hallock would like Director of Community Development Pam Smith to review the proposed law before setting a public hearing.

The Planning Board and Planning Department is requesting approval to attend the APA/ASLA NY Upstate Conference scheduled for September 21 – 23, 2005.

The Municipal Review Committee is recommending a Negative Declaration on the proposed International House of Pancakes (IHOP) located at 4445 Transit Road.

Councilman Joseph Weiss

Senior Building inspector David Metzger is requesting a transfer of funds from Office Equipment to Auto Parts in the amount of $250.

Councilman Weiss will comment on the deer program.

Councilman Weiss implemented a questioner program for seasonal employees.

Councilman Weiss will make a motion amending the Building Fee Schedule.

Councilman Bernie Kolber

Councilman Kolber will announce that Erie County Department of Environment and Planning is holding a Household Hazardous Waste Drop off day.

Councilman Kolber will announce the recycling program that has begun within the Town Hall and outer offices.

Councilman Kolber received an inquiry regarding rumors going around relative to the flow in the Heise-Brookhaven connector sewer. Town Engineer Latona said there was a leak in the Hollow area however, the state fixed the problem. Councilman Weiss said that he met with a representative from the DEC and Gary Wright. They pulled several manhole covers and found that in different places there was a minor flow.

Town Attorney Steven Bengart

Town Attorney Bengart informed the Town Board that the baseball/softball draft agreement relative to the proposed facility at the former water department site has gone to the organizations for review.

There being no further business, the Work Session adjourned at 7:32 P.M.

Darcy A. Snyder

Deputy Town Clerk


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, August 24, 2005 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Councilman Bernard Kolber led in the pledge to the flag, followed by a prayer given by Dan Pinti of St. Paul’s Episcopal Church.

Members of the Town Board present were Councilmembers Ian McPherson, Scott Bylewski, Joseph Weiss, Bernard Kolber and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Deputy Supervisor Anne Case, Building Inspector David Metzger and Planning Board Chairperson Patricia Powers.

Motion by Councilman Bylewski, seconded by Councilman Weiss to accept the minutes of the previous meeting held August 10, 2005 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to transfer $1,000 from A1990 Contingency to A7550.419 Celebrations. On the question, Supervisor Hallock said this was to cover the increase in the cost of the fireworks at Day In the Park this year. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for a Block Party request for Saturday, September 10, 2005 from 4:00 to 9:00 P.M. on Wildwood Drive between Nottingham Terrace and Howard Drive. On the question, Supervisor Hallock said her office will notify all necessary authorities. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to appoint Linda Hirtreiter as Real Property Appraiser, effective immediately. On the question, Supervisor Hallock said this is a Civil Service position and we received notice that Mrs. Hirtreiter successfully passed the examination. Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock received an e-mail from a resident commending Animal Control Officer Jerry Schuler for a job well done. Jerry was called to his home recently to retrieve a fox from his backyard.

Supervisor Hallock received a letter from Rick DiVita, Commissioner of the Girls Softball League. He expressed their sincere gratitude to John Burns and his staff at the Parks Department for the excellent job done handling their requests this season.

Supervisor Hallock announced that the Town of Clarence is hosting an agricultural roundtable on Tuesday, September 20, 2005 from 1:00 to 3:30 P.M. in the Town Hall Auditorium. It will be attended by local and state Farm Bureau members, horse owners and others involved in the horse industry. The purpose is to identify legislative actions that can be taken to continue the growth of the horse industry. If you have any questions about the meeting, contact the Supervisor’s office.

Councilman McPherson reported on the meeting he attended regarding the Erie County Sheriff’s Department road patrols. There are about 15 towns in Erie County that do not have their own police services. They depend on the Erie County Sheriff’s and the New York State Police to provide police services for their residents. The discussion of the meeting was that we already pay for road patrols with our taxes. The Town of Clarence pays over $11million in taxes to Erie County of which a portion is for road patrols. It was the consensus of those attending that a public awareness program be initiated.
          There was also discussion on opinions from the Comptroller’s office and State Law that describes mandated services and are therefore not eligible to fall under a budget cut. Councilman McPherson said he put everything together that he has including what the Supervisor gave him and more information will be coming in. He asked the Town Attorney to review the information and put together a resolution that contains specific references to all of the opinions, laws, etc. that is a responsible opposition to the cutting of the road patrols.
          Councilman McPherson said some time ago, at the request of the Clarence Hollow Association, he made a request to the NYSDOT to reduce the speed on Main Street from 40 mph to 35mph. He received a response from the regional traffic engineer denying the request.

Motion by Councilman McPherson, seconded by Supervisor Hallock to authorize NYSEG to activate six (6) street lights in the Hidden Pond Subdivision – Phase II, per the street light layout approved on February 3, 2003, as per the NYSEG proposal and as per “as-builts” submitted. Standards, fixtures and underground conductors to be installed by the developer. Conductors, fixtures and standards to be owned and maintained by the Town of Clarence. Connection, energy lamp and photo electric eye replacements to be supplied and maintained by NYSEG under the terms and conditions covered in NYSEG’s street lighting agreement with the Town of Clarence. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman McPherson said he received a letter from a resident of Goodrich Road regarding the speed between County Road and Martin Road. He will follow procedure and forward the letter to the Traffic Safety Board for review.

Councilman McPherson again announced, that on August 27, 2005 at 9:00 am will be the Brian Rybarczyk 5K run/walk beginning at Brennan’s at Main and Transit to sponsor a research grant to fight a rare form of cancer.

Councilman McPherson said it was in the news and on television this week that one of our employees was found guilty of misdoings in the County Highway issue and he is going away for a while. The events surrounding this issue are unfortunate for everyone and he believes that justice was not completely served in this regard. He hopes that when this person returns, he is welcomed back to our society, our community, and his job and is able to resume his life.

Councilman Bylewski announced that the Town received the franchise fees from Adelphia Cable for the period January 2005 to June 2005 in the amount of $74,815.52. This figure represents 3% of their revenues. Councilman Bylewski asked the Town Attorney to look at this, as he recalls the franchise fees were to be paid on a quarterly basis.

Councilman Bylewski said we received a letter from State Assemblyman Dale Volker regarding Verizon Communications being in the process of rebuilding an enhanced network service system that will allow them to offer cable television. In a ruling by the New York State Public Service Commission, it has been determined that Verizon does not need to do anything additional. However, prior to providing cable services, the company will have to come before the Town Board to seek a franchise agreement.

Motion by Councilman Bylewski, seconded by Councilman Kolber to grant permission for Planning Department and Planning Board members to attend the American Planning Association Conference September 21 – 23, 2005 at the Hyatt Regency, Buffalo at a total cost of $300 with use of a Town vehicle. This is a budgeted item. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Bylewski referred to Director of Community Development James Callahan for the 33rd update of the action items while we are under the moratorium.
          James Callahan reported the following:
          Subdivision Law – Planning Board completed their review and forwarded recommendation for approval to the Town Board.
          Adequate Public Facilities Law – Municipal Review Committee is reviewing the environmental impacts.
          Parks & Recreation Master Plan – Recreation Advisory Committee is reviewing the proposed action plan. A public hearing will be scheduled in the near future.
          Landscape Law – Planning & Zoning Department has completed an update.
          Tree Law – Planning & Zoning Department continues to prepare draft for review by the Planning Board.

Motion by Councilman Bylewski, seconded by Councilman Weiss that upon recommendation by the Planning Board and pursuant to Article 8 of the Environmental Conservation Law, a Negative Declaration is issued on the proposed International House of Pancakes (IHOP) Restaurant located on an outparcel of The Shops at Main and Transit. This Unlisted Action involves the construction of a 4,993 sq. ft. restaurant with associated parking at 4445 Transit Road. After thorough review by the Planning Board and Town Board of the submitted Environmental Assessment Form and the submitted site plan, including review of the overall plaza development, it is determined that the proposed development is consistent with the adopted Master Plan 2015 and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Supervisor Hallock to approve the transfer of $250 from A3620.230 Office Equipment to A3620.417 Auto Parts. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman McPherson to grant Daniel Sutton a leave of absence of up to one year from his position at the Clarence Highway Department. On the question, Councilman Weiss said we received approximately 25 communications on behalf of this person, with none opposed. He shares the sentiments of Councilman McPherson. Councilman Weiss said Mr. Sutton, Sr. blacktopped his driveway when he built his house. Daniel Sutton did the sealing of the driveway. He wanted to make it clear that they are not personal friends, colleagues or associates of his. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to authorize the Supervisor and the Town Board of the Town of Clarence to enter into an agreement with Erie County Sewer District No. 5 for the construction of a sanitary sewer to service the Sister’s of St. Joseph and to enter into an out-of-district agreement with Erie County Sewer District No. 5 on behalf of Clarence Sewer District No. 9, subject to approval by the Town Attorney. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss announced that our deer program will be starting up again in the fall. Anyone interested should contact John Jondle through the Town Clerk’s office if they would like to participate or have tracts of land they would like included in the program.

Councilman Weiss said he would like to compliment John Burns from the Parks Department. A questionnaire was put out to the summer help asking about their experience working at the Park and the department came out very well. He also complimented Pam Smith on the manual put together for summer help.

Councilman Weiss said new fees are being considered at the Building Department. One is a fee of $50 for truss construction identification on commercial buildings. Buildings with truss construction will post the identification to provide safety information for firemen. Single-family dwellings and duplexes will be exempt. Also being considered is a maximum fee of $500 for a residential accessory building 201 sq. ft. and over. The re-roofing permit will be deleted.

Councilman Bylewski said he set a Public Hearing a few weeks ago to consider a local law for Freedom of Information, Access to Records. There were some concerns raised by the Supervisor and the Town Clerk. The Town Attorney also said there needs to be some changes to the proposed law. The Town Attorney will work with the Town Clerk to make those changes.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to rescind his motion to set the Public Hearing to consider a local law for Freedom of Information, Access to Records that was set or September 14, 2005 at 8:00 P.M. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Kolber said we recently started a paper-recycling program at the Town offices, which has gotten off to a great start. The company we are using is very user friendly. They will pay us for the paper. The School District is looking into doing the same thing.

Councilman Kolber announced that the Clarence Library is holding a chicken barbeque fundraising event on Saturday, September 24, 2005 from 2:00 to 6:00 P.M. at the library. There are pre-sale tickets available at the library and in the Supervisor’s office.

Councilman Kolber announced that Erie County is holding their last household hazardous waste pickup on September 10th at Honeywell on Peabody Street.

Department Reports

Pat Powers, Planning Board Chairperson said she is pleased to announce that the Planning Board forwarded a recommendation for the Subdivision Law to the Town Board for consideration and adoption. She thanked James Callahan and James Hartz for their perseverance and the Planning Board members for their dedication and cooperation. She also thanked “honorary member” James Blum. They have before them the Landscape and Tree Ordinance, Adequate Public Facilities Law and related Master Plan amendments to review.
          Mrs. Powers suggested that White & Smith LLP be invited in and demonstrate one of our completed projects as a model for an Adequate Public Facilities Law. This would help give some answers to the many concerns and help everyone to make the proper decision.
          Gerry Drinkard has provided information on a training and education program for government officials put out by Pace University and the New York Planning Federation. The program lends itself to getting the Planning Board certified. Mrs. Powers said she is going to review the nine tutorials. Each course is about two hours long. She will see how it is.
          Supervisor Hallock thanked Pat and the Planning Board and Planning Department for all their efforts on the Subdivision Law.
          Councilman Weiss said James Callahan said he will set up the education for the Town Board.
          Councilman Bylewski commended the Planning Board and Planning Department for getting the Subdivision Law to the Town Board. It is his understanding that we will have the public hearing before the moratorium is up. He asked that the legal department be involved in the Adequate Public Facilities Law. He believes it still needs some work.

A Public Hearing was held to consider the request by Avis Rent-A-Car for a Special Exception Use Permit for an automotive leasing center at 4475 Transit Road. James Callahan said the location is at the Sears automotive center at Eastern Hills Mall.
          Mary Beth White was present for Avis. The only change to the building is to add a sign, which requires a separate permit.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman McPherson to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that after a public hearing duly held on August 24, 2005, and after all interested parties being heard, the Clarence Town Board approves the request by the applicant, Avis Rent-A-Car, for a Special Exception Use Permit allowing for the placement of an automotive rental center along with the existing Sears Automotive Center at Eastern Hills Mall, located at 4475 Transit Road.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim Ramsey requests a Demolition Permit for an existing structure over 50 years old at 10748 Main Street. James Callahan said the location is the north side of Main Street, west of Salt Road consisting of approximately .2 acres in the Traditional Neighborhood District and the Clarence Hollow overlay. The applicant called today to say he was unable to be here tonight.
          Motion by Councilman Kolber, seconded by Councilman Weiss to table the request for a Demolition Permit for 10748 Main Street due to the sensitive matter and the applicant unable to be here. On the question, Councilman Bylewski said he knows there are a lot of concerns, but they can be addressed through the SEQR process. We have in the past referred other similar requests to the MRC without the applicant being here. Councilman Kolber said why expend the time and effort and cost to the applicant or the Town by going forward. Councilman McPherson said part of the process would be for the Director of Community Development to contact Mr. Ramsey and give him the parameters of what he can do with this now, nonconforming parcel. He concurs that we can move this forward. Councilman Bylewski asked if this application would conflict with the Master Plan? James Callahan said no it does not. Upon roll call – Ayes: Councilmembers Kolber and Weiss; Noes: Councilmembers Bylewski, McPherson and Supervisor Hallock. Motion lost.
          Motion by Councilman McPherson, seconded by Supervisor Hallock to refer the request for a Demolition Permit for 10748 Main Street to the Municipal Review Committee to examine the demolition because it is over 50 years old and direct the Director of Community Development to contact the applicant with the clear and concise parameters of what his options would be if he followed through with the demolition. Councilman Bylewski said part of the SEQR review process would be that either the Community Protection Board and/or the Clarence Hollow Association would be contacted. Upon roll call – Ayes: Councilmembers Bylewski, McPherson and Supervisor Hallock; Noes: Councilmembers Kolber and Weiss. Motion carried.

Benderson Development requests approval for construction of an 8,500 +/- sq. ft. addition between Wal-Mart and Payless Shoes at Eastgate Plaza, Transit Road.
          Jim Rumsey, architect for Benderson said they are proposing an addition of 8,153 sq. ft. between the two stores and will match the existing buildings.
          Councilman Bylewski said we have had a number of concerns to make sure that the overall build out to make sure it is still in conformance with the SEQR process that we have gone through, as well as the parking requirements.
          Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request for approval for construction of an 8,500 +/- sq. ft. addition between Wal-Mart and Payless Shoes at Eastgate Plaza, Transit Road to the Planning Board. On the question, Councilman McPherson said he would like ingress and egress methodology to that plaza addressed. We would like to see a revision. Upon roll call – Ayes: All; Noes: None. Motion carried.

Italian Marble & Granite requests Concept Plan Approval for construction of a 20,000 sq. ft. office, warehouse and distribution center at the Roll Road Industrial Park at 8550 Roll Road. James Callahan said the location is the north side of Roll Road, east of Harris Hill consisting of vacant land along the frontage.
          Frank Wailand present for the applicant said they are proposing a showroom and production facility.
          Councilman Bylewski said a number of concerns have been raised regarding the overall site and how this piece will fit. There are some segmentation issues that will have to be addressed. The Roll Road Industrial Park is under review at the Planning Board level. Supervisor Hallock said they would like to see this done as a unified overall project.
          Motion by Councilman Bylewski, seconded by Councilman Kolber to refer the request by Italian Marble & Granite for construction of a 20,000 sq. ft. office, warehouse and distribution center at the Roll Road Industrial Park at 8550 Roll Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Jim Ball Car Dealership requests Concept Plan Approval for construction of a new automotive dealership at 5731 Transit Road. James Callahan said the location is south of Highland Farms consisting of vacant land zoned Major Arterial along the frontage.
          Mark Mussachio, architect said there are two vacant accessory buildings that will be incorporated into the development. They are proposing a showroom, office space and mechanic bays. The other building is to sell parts, perform oil changes and car wash.
          Councilman Bylewski said it was mentioned at the Fire Chief’s meeting that they had proposed a project in Amherst. Mr. Mussachio said they are no longer going to do that project. Councilman Bylewski said there are a lot of traffic concerns. One other issue is the adjoining residences, which will have to be addressed.
          Motion by Councilman Bylewski, seconded by Councilman McPherson to refer the request by Jim Ball Car Dealership for Concept Plan Approval for construction of a new automotive dealership at 5731 Transit Road to the Planning Board. Upon roll call – Ayes: All; Noes: None. Motion carried.

Moe’s Southwest Grill requests a Temporary Conditional Permit for outside dining at 5063 Transit Road. James Callahan said the location is the former Joe Mata’s.
          A representative said they are proposing a patio with seating for 20 along the Transit Road side of the building with wrought iron fencing.
          Motion by Councilman Bylewski, seconded by Supervisor Hallock to set a Public Hearing for September 14, 2005 at 8:00 P.M. to consider the request by Moe’s Southwest Grill for a Temporary Conditional Permit for outside dining at 5063 Transit Road. Upon roll call – Ayes: All; Noes: None. Motion carried.

First Niagara Bank requests Development Plan Approval for the construction of a 2,688 sq. ft. bank on an out-parcel of The Shops at Main & Transit, 4435 Transit Road. James Callahan said the Planning Board recommends approval with conditions.
          Representatives for the bank said the only change that has been made is to add brick under the front gable roof. Supervisor Hallock asked if they were familiar with the conditions of the Planning Board and they are.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that the Clarence Town Board grants Development Plan Approval for the construction of a 2,688 sq. ft. bank branch, as an out-parcel of the Shops at Main & Transit, to be located at 4435 Transit Road subject to the following conditions: 1. Open Space fees. 2. Conditions of Town Engineer. 3. Landscape Plan Approval.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Domenic Piestrak requests Development Plan Approval for Spaulding Lake Subdivision Phase 4, Part 5 including construction of approximately 350 ft. of Stonecliff Court for 7 PURD lots. James Callahan said this is the final phase of Spaulding Lake Subdivision. All regulatory agency and departmental approvals are in order.
          Nick Piestrak was present. Councilman Weiss said there was land that was to remain in its natural state and he believes there are piles of soil on it. Mr. Piestrak said it would be removed as they continue work on the site. Town Engineer Latona said a condition could be added that no map cover would be filed until that is addressed.
          Councilman Bylewski asked if all of Mr. Newman’s concerns were addressed. Town Attorney Steven Bengart said the only concern he was aware of was that the deeds were put on record with the Town and they were. He is unaware of any other issues.
          Councilman Kolber said we should include a clause that he cleans up the lots. Councilman McPherson said the area being referred to is a conservation area, which is supposed to be left wild and not graded at all. Councilman Weiss said the problem is there are rocks and piles all over it and maybe it could be leveled out.
          Motion by Supervisor Hallock, seconded by Councilman McPherson to adopt the following resolution:
          Resolved, that the Clarence Town Board approves and grants the request of the applicant, Domenic Piestrak or representative, for Development Plan approval for 7 PURD lots in the Spaulding Lake Subdivision, Phase 4, Part 5 (final phase of the subdivision), phase to include the construction of approximately 350 feet of Stonecliff Court, subject to the following conditions: 1. Open Space Fees and Recreation Fees. 2. Conditions of the Town Engineer. 3. Clearing of the conservation lots and restored to their original condition as appropriate and in accordance with conditions set by the Town Engineer. No map cover will be filed until that is complete.
          On the question, Councilman Bylewski said to be clear, the debris will be removed from the conservation lots and restored to their original condition as appropriate and in accordance with conditions set by the Town Engineer.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Everyone wished Supervisor Hallock a Happy Birthday!

Motion by Councilman Weiss, seconded by Councilman Bylewski to approve the following: Clubhouse Applications – A. Travel Soccer – Aug. 28, 2005; B. Clarence Girl Scouts – Sept. 19, 2005; C. Brownie Troop 1419 – Sept. 29, Oct. 13, Nov. 10 and Dec. 1, 2005; D. Brownie Troop 1419 – Jan. 12, Feb. 2, Mar. 2 & 23, Apr. 15 and May 11, 2006; E. Historical Society of Clarence – Dec. 8, 2005; F. Clarence Concert Association – 1st Monday of each Month 2006; 2nd Monday of Sept. 2006. Legion Hall Applications – A. Rock Oak Homeowners Association – Oct. 17, 2005; and B. Clarence Democratic Committee – 2nd Monday each month of 2006. On the question, Councilman Bylewski said he is a member of Clubhouse E and F and Legion Hall B, however this is ministerial and he will be voting. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman McPherson, seconded by Councilman Bylewski that after proper audit and review by the Town Board, the following bills of August 25, 2005 are approved for payment: General Fund - $118,504.16; Highway Fund - $74,428.61; Community Development Fund - $1,070.00; Water District - $1,550.10; Lighting Districts - $1,083.95; Capital Fund - $123,993.88; and Trust & Agency 203 - $10,614.64 for a total amount of $331,245.34. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman McPherson to enter into Executive Session at 8:35 P.M. pursuant to §105 (1)(f) of the Open Meetings Law to discuss the financial history of a particular corporation, appointment of a particular person, appointment of a particular corporation; and pursuant to §105 (1)(e) to discuss collective negotiations pursuant to Article 14 of Civil Service Law. Upon roll call – Ayes: All; Noes: None. Motion carried.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Kolber to adjourn the Executive Session at 9:00 P.M. with no action taken. Upon roll call – Ayes: All; Noes: None. Motion carried.